Subchapter D. REQUIREMENTS FOR TRACKS AND
RELATED REGULATIONS
Sec.
165.71. Requirements of finished track; electrical appliances.
165.72. Approval of architect’s plans and final construction.
165.73. Wagering on races.
165.74. Bookmaking.
165.75. Solicitation of wagers.
165.76. Conditions of license.
165.77. Blacksmiths.
165.78. Policing of premises.
165.79. Supervision of vendors.
165.80. Drinking fountains and rest rooms.
165.81. Inspection of premises.
165.82. Report on arrival and departure of horses.
165.83. Watchmen in stable area.
165.84. Duties of watchmen.
165.85. Stable enclosures fenced.
165.86. First aid facilities.
165.87. Ambulances.
165.88. Promotion of admission sales.
165.89. Film patrol.
165.90. Admission to premises and security.
165.91. Temporary permit.
165.92. Identification cards and badges.
165.93. Undesirable persons.
165.94. Number of races.
165.95. Office facilities for Commission.
165.96. Association with undesirables.
165.97. Refunds.§ 165.71. Requirements of finished track; electrical appliances.
To conduct a race meet under a license issued by the Commission, the licensee shall at all times maintain a finished race track which meets the requirements of the Commission. The licensee shall:
(1) file with the Commission a certificate of a licensed civil engineer or registered surveyor that he has measured said track in the manner designated by the Commission and certifying in linear feet the results of all such measurements. Said certificate shall also certify the surveying of the turns and the results thereof.
(2) maintain sufficient and adequate equipment and competent personnel for the purpose of continued maintenance of the race course and plant grounds in a proper and safe condition at all times.
(3) erect and maintain at the cost of the licensee a detention barn for the purposes of restricting and isolating the horses designated by the Commission for testing procedures. Such barn to be constructed in accordance with specifications furnished by the Commission. Licensee shall also from time to time furnish such equipment in the said detention barn as the Commission may designate.
(4) maintain an electrical wiring system of the quality intended to prevent electrical fires.
(5) prevent the use of electrical appliances or equipment by anyone on circuits located particularly in stable areas where such use does or could overload the circuit.
§ 165.72. Approval of architect’s plans and final construction.
(a) Approval by Commission. Construction or renovation of a licensee’s track, plant and all of the facilities thereof, shall not be commenced before the Commission shall have approved architect’s plans therefor.
(b) Submission of architect’s plans. Each licensee shall submit one set of architect’s plans to the Commission and one set of plans to an architect or engineer designated by the Commission prior to the commencement of any construction or renovation of its track, plant or any of the facilities thereof.
(c) Consulting engineer or architect. The Commission may designate a consulting engineer and/or architect who shall examine all plans submitted to it by a licensee and who shall report to the Commission the results of its examination. The fees of such consultant shall be approved by the Commission and paid by the licensee.
(d) Periodic inspections. The consultant shall make periodic examinations of the construction or renovation as directed by the Commission and report his findings to the Commission. Such consultant shall, in advance, prepare and submit to the Commission a schedule of anticipated periodic inspections.
(e) Approval of final construction. Before the Commission shall approve any construction or renovation purported to be complete by the licensee, the Commission shall obtain a report from the consultant who shall advise the Commission whether the construction or renovation has been completed in compliance with the plans submitted and approved.
§ 165.73. Wagering on races.
No licensee shall permit wagers to be made on the grounds of the meet conducted by said licensee on any race held outside of the grounds, and no foreign book or gambling device of any kind shall be permitted on said grounds. Any person utilizing in any manner, any device, sign, action, or mechanism for the purpose of transmitting or communicating any information with regard to any race from within the track grounds to the outside thereof shall be expelled from the grounds and denied further admission to any track licensed by the Commission.
§ 165.74. Bookmaking.
Anyone guilty of making a handbook on the grounds of any licensee, shall be expelled from the grounds, and denied further admission thereto, and any owner, jockey, trainer, or other person interested in any horse or horses at said meet, who shall be guilty of wagering with or through any such handbook, shall be expelled from the grounds or denied admission by order of the Stewards.
§ 165.75. Solicitation of wagers.
If any owner, trainer, jockey, stable employe, or other person solicits wagers from the public by correspondence or other methods, to be made on the horses in any stable, such person or persons so offending shall be ruled off the course or denied admission by order of the Commission or the Stewards.
§ 165.76. Conditions of license.
Imposed on each corporation licensed and other licensees is the duty of enforcing and obeying the rules and regulations imposed by the Commission, the said rules and regulations being a condition under which the licenses are granted. The Commission reserves the right to amend, alter or repeal any rule, regulation, or condition herein imposed or to supplement said rules and regulations.
§ 165.77. Blacksmiths.
Each licensee shall provide within its grounds suitable blacksmith shops and a sufficient number of blacksmiths to adequately accommodate the number of horses racing during each racing day.
§ 165.78. Policing of premises.
(a) The licensee shall provide a sufficient number of guards and watchmen to maintain order on all parts of the racing enclosure. The licensee shall designate one of the security personnel as a fire marshal with responsibility for fire safety on all parts of the racing enclosure. Each licensee shall submit to the Commission, for its approval the entire policing plans of the licensee, together with a list of personnel performing policing duties. This plan and such list shall be kept current by the licensee and all changes shall be made known to the Commission forthwith. The licensee shall daily file with the Commission a report relating to all security activities. Such report shall be executed by the Chief Security Officer as well as by the licensee.
(b) The licensee shall post by all principal entrances to the track notice that no person actually and apparently under the age of ten years shall be admitted to a meeting and no person actually and apparently under 18 and 10 years of age or over shall be permitted to attend a meeting, who is not in fact an employe then engaged in his or her occupation at the track, or is not accompanied by his or her parent or guardian. The racing association shall be responsible for the due and faithful enforcement of the provisions of this section. Both they and Commission Administrative Officers at the track shall upon request prepare and file periodic reports of the enforcement and any infraction with the Commission Director of Enforcement and will take such additional corrective or preventative measures as the Commission may from time to time prescribe.
Source The provisions of this § 165.78 amended April 14, 1978, effective April 15, 1978, 8 Pa.B. 1114.
§ 165.79. Supervision of vendors.
The licensee shall supervise the practice and methods of so-called merchandise vendors who may have entry to the track enclosure to solicit among the employes and other licensees engaged at the track, provided, however, that the licensee shall not, by virtue of this section or otherwise, restrict purchasing or attempt to control or monopolize the proper selling of merchandise to owners, trainers, or stable employes. Each so-called merchandise vendor shall be licensed by the Commission. Each licensed vendor shall submit a list of his wares to the Stewards. A licensed vendor dealing with medicines for horses shall also submit a list of medicines or preparations he intends to sell to the Commission Veterinarian for his approval. No sale may be made of any medicine, preparation, or other wares prior to such approval. No merchandise vendor shall be permitted access to the stable area within three hours of any post time.
§ 165.80. Drinking fountains and rest rooms.
The licensee shall furnish an adequate number of free drinking water fountains, comfort stations, and wash rooms throughout its grounds and buildings for the use of the public.
§ 165.81. Inspection of premises.
The Commission shall have the right to authorize a person or persons to enter in or upon the stables, rooms, or other places within the track enclosure or places where horses are kept, for the purpose of and to inspect and examine the personal effects, or property within such places of every employe, trainer, jockey, stable foreman, groom, authorized agent, veterinarian, or other person licensed by the Commission, or required to be so licensed.
§ 165.82. Report on arrival and departure of horses.
All horses arriving at or leaving a racing meet must be registered at the gate with a gateman or platform attendant. Complete information regarding such arrival or departure is to be obtained. Separate reports must be filed for each owner represented in each shipment. A copy of each arrival or departure report must be delivered to the Racing Secretary of the licensee each morning before 10:00 a.m. It shall be the duty of the Racing Secretary to transmit a duplicate copy thereof to the Commission.
§ 165.83. Watchmen in stable area.
Each licensee shall, during any racing meet, or while horses are stabled upon the grounds, maintain and furnish complete watchman service night and day in and about all stable enclosures and furnish to the Commission each day a complete tabulation list thereof showing name, duty, place stationed, and portions of enclosures supervised by such watchmen.
§ 165.84. Duties of watchmen.
(a) Watchmen so employed shall be individually responsible for a particular part of the stable enclosure where they are on duty and they shall immediately investigate and report the presence of anyone during the night or day who may be within said stable enclosure without possessing proper credentials.
(b) A letter of instructions to all watchmen shall be addressed to each of them by the licensee. Such letter shall fully cover their duties and obligation to keep stable enclosures free from unauthorized persons. A copy thereof shall be furnished to the Commission. Each licensee shall install watchmen clocks at strategic positions which shall disclose the time the watchmen checked thereat.
§ 165.85. Stable enclosures fenced.
All such stable enclosures must be properly fenced and admission granted only to authorized persons. No smoking or carrying a lighted cigar, cigarette, or pipe shall be permitted under the shed.
§ 165.86. First aid facilities.
Each licensee shall maintain and furnish adequate first aid facilities including rooms and equipment, as shall be approved by the Commission. Each licensee shall also make available upon its plant grounds, the services of a physician and registered nurse during all racing hours.
§ 165.87. Ambulances.
Each licensee shall maintain and furnish at least one adequate ambulance for the exclusive use of horses and a separate ambulance for the exclusive use of persons upon the plant grounds.
§ 165.88. Promotion of admission sales.
No licensee may conduct, sponsor, or enter any arrangement intended to promote the sale of admission tickets, directly or indirectly, without first obtaining the consent of the Commission. The purpose of this section is to avoid the use of other than legitimate advertisement procedures.
§ 165.89. Film patrol.
(a) Film patrol system required. Every licensee shall install and operate a system, approved in advance by the Commission for taking motion pictures or videotape film and finish photographs of every race in such manner that the pictures will show the position and action of all horses and jockeys in such clear images and at such range or distance to be clearly and easily discernible. Provision shall be made for the immediate development and delivery of such films or tapes to the stewards after each race.
(b) Projection room. A convenient, large and properly equipped projection room shall be provided by the licensee for the viewing of such pictures.
(c) Mutilation of film. No one shall cut, mutilate or change any film patrol picture.
(d) Identification. All pictures shall be identified by indicating thereon the day, the number of the race and the name of the track of the licensee at which the race was held.
(e) Viewing of films. In the event of a foul being claimed by any person or observed by the officials, or any protest made concerning the running or order of finish of any race, no decision shall be rendered by the Stewards until they have viewed the photographs of such race. The viewing of the films or tapes of a race prior to rendering any such decision, may be waived by the Stewards when in their opinion conditions were such that a clear viewing cannot be obtained from the film or when the foul was such as was clearly observed by the officials.
(f) Review of films by officials and jockeys. Not later than the next succeeding day of racing, the Stewards and other officials and all jockeys participating in the preceding day of racing unless excused by the stewards for good cause, shall view the photographs of all races. Trainers, owners, and other jockeys may, subject to the convenience of the facilities, view the pictures and hear the discussion of each race in order that the stewards, may point out to the jockeys any infractions that may have occurred. The Stewards shall have the power to order any trainer or jockey to attend a viewing.
(g) Preservation of films. Each licensee shall maintain ample facilities for the safe storage of films and videotapes and shall carefully preserve all films and tapes for no less than ninety days after each race. Any films or tapes of races in which claims of foul, objections, or other disputes are raised shall be preserved until any review or litigation thereof is complete and until permission to abandon such film is received in writing from the Commission.
Source The provisions of this § 165.89 amended March 4, 1977, effective March 5, 1977, 7 Pa.B. 614.
§ 165.90. Admission to premises and security.
No person other than members, officers, and employes of the Commission, racing officials, and security officers of the licensee shall be permitted to enter any part of the licensed premises, except the Club House, Grandstand, or other area open to patrons, or the general public, unless he possesses and displays an identification card or badge, authorizing his admittance thereto or possesses or displays a temporary identification permit to enter the particular area. Only the following listed persons shall be entitled to enter the stable area of a licensee: members, officers, and employes of the Commission; management and employes of management performing duties therein; racing officials; security officers of licensee; owners; trainers; grooms and others performing official duties in the stable area.
§ 165.91. Temporary permit.
The licensee may issue temporary identification permits for proper reasons only to persons of good moral character who have a legitimate purpose for entering any such enclosure not open to the general public. Such temporary permits may be taken up by the licensee at any time and shall be surrendered to the licensee when the particular purpose for which the permit was issued has been completed. Such permits shall be valid for a specific day only. They may be issued to a participant pending application and issuance of a license, for such participants as require a license. A list of such temporary permits shall be kept by the licensee stating the reason for the issuance thereof and the time for which it was issued, and a copy thereof shall be furnished daily to the Commission.
Source The provisions of this § 165.91 amended July 14, 1972, effective July 15, 1972, 2 Pa.B. 1341.
§ 165.92. Identification cards and badges.
(a) The licensee shall issue identification cards or badges only to its officers, employes, guards and watchmen, to jockeys, owners, trainers, their employes, assistants, grooms and attendants. The identification cards or badges may be taken up by the licensee upon reasonable cause and shall be taken up from owners, trainers, their employes, assistants, grooms and attendants when the horses of the owners or trainers are removed from the licensed premises.
(b) An Identification Button or Card shall be issued to those entitled to the stable area. The Button shall be worn openly at all times while performing duties in the area, and the Identification Card shall be displayed upon request by those guarding the area.
(c) An Identification Card or Button may be taken up by the direction of the Stewards upon reasonable cause and shall be taken from the owner, trainers and grooms when the horse of the owner, trainer or grooms are removed from the licensed premises.
Cross References This section cited in 58 Pa. Code § 171.41 (relating to facility requirements); and 58 Pa. Code § 189.41 (relating to facility requirements).
§ 165.93. Undesirable persons.
A person whether a licensee, participant or patron whose conduct is deemed detrimental to the best interest of racing, or who is deemed an undesirable person, may be excluded or expelled from the track.
§ 165.94. Number of races.
A licensee may not hold in one day more races for which pari-mutuel wagering is conducted than are approved by the Commission.
§ 165.95. Office facilities for Commission.
A licensee shall maintain upon the track premises suitable office facilities for the exclusive use of the Commission and authorized representatives of the Commission.
§ 165.96. Association with undesirables.
(a) A licensee may not associate with a known gambler, bookmaker, tout or persons of similar pursuits on or off the tracks. If the reputation of the gambler, bookmaker, tout or person of similar pursuit is notorious, the licensee shall be presumed to have knowledge of the fact.
(b) If a person under the jurisdiction of the Commission shall be approached with an offer, promise, request or a suggestion for a bribe or for an improper, corrupt or fraudulent act in relation to racing, or that a race shall be conducted otherwise than fairly and in accordance with the rules of this Commission, it shall be the duty of the person to immediately report the matter to the Commission or one of its appointed representatives.
Notes of Decisions Section 163.6(d), unlike § 165.96(a) does not require that a licensee have knowledge that he is associating with an individual who has been convicted of a crime. Luzzi v. State Horse Racing Commission, 548 A.2d 659 (Pa. Cmwlth. 1988).
§ 165.97. Refunds.
(a) Moneys received by the Commission under the law or this part may, within 1 year from the receipt thereof, be refunded to the party for whose account the same were received, on proof that:
(1) The moneys were in excess of the amount required.
(2) The participation license for which application was made has been refused by the Commission.
(3) The moneys were received as a fine and the Commission has, after review, reduced the amount thereof.
(4) Upon appeal, the Court reduced or remitted the fine imposed and paid.
(b) The refunds shall be paid upon approval by the Commission and after approval by the Board of Finance and Revenue.
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